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    Successor employers - meet the new boss, same as the old boss
    2010-09-29

    Suppose a retailer declares bankruptcy. Several of its leases are sold off to another retail chain, which then remodels the stores, stocks them with its own merchandise, and opens them under its own name. If this retailer hires some of the bankrupt company's employees, are those employees new hires under the FMLA, or might they have the right to take FMLA leave immediately, without waiting 12 months or working 1250 hours for the new company?

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Franczek Radelet PC, Bankruptcy, Retail, Interest, Margin (finance), Family and Medical Leave Act 1993 (USA), Ninth Circuit
    Authors:
    William R. Pokorny
    Location:
    USA
    Firm:
    Franczek Radelet PC
    A closer look at the Iseli Nursery and Weeks wholesale bankruptcies
    2010-10-06

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail, Wikipedia, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A perfect storm: retailers in bankruptcy in the post-BAPCPA economic downturn
    2010-10-19

    I. Introduction.

    Filed under:
    USA, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Bankruptcy, Retail, Debtor, Consumer protection, Commercial property, Landlord, Economy, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Hines Nurseries, one of the largest plant growers in the US, files for bankruptcy in Delaware
    2010-10-16

    On October 12, 2010, Consolidated Horticulture Group, LLC and Hines Nursery LLC (the "Debtors"), filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration filed by Debtors' President and CEO, Stephen Thigpen (the "Declaration"), Debtors are one of the largest commercial nurseries in North America, selling shrubs and container-grown plants to commercial and retail customers. Decl.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail, Limited liability company, Debt, Liability (financial accounting), Unsecured creditor, Secured loan, Walmart, The Home Depot, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Third Circuit affirms Delaware Bankruptcy Court stub rent decision
    2010-10-22

    Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to "timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1)." In 2001 the Third Circuit construed this section to require the debtor to perform the lease in accordance with its terms. CenterPoint Properties v. Montgomery Ward Holding Corp. (In re Montgomery Ward Holding Corp.), 268 F.3d 205 (3d Cir. 2001).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Retail, Debtor, Landlord, Federal Reporter, Debtor in possession, Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, First Circuit, Circuit court
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Recent significant commercial bankruptcy filings for November 22, 2010
    2010-11-22

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.

    ADVERTISING

    Advertising firm Vertis Holdings Inc. has landed in bankruptcy court for a second time, filing a prepackaged Chapter 11.

    PUBLISHING

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Retail, Debtor, Unsecured debt, Advertising, Option (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    A perfect storm: retailers in bankruptcy in the post-BAPCPA economic downturn - part II
    2010-12-03

    In the first part of this article, we considered the effect of section 365(d)(4) and other Bankruptcy Code sections on retailer debtors and their respective landlords, as well as on how retailer debtors can utilize the holiday sales season to implement a successful reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Bankruptcy, Retail, Debtor, Debt, Liquidation, Title 11 of the US Code, United States bankruptcy court, Seventh Circuit, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    A closer look at the Harry & David bankruptcy
    2011-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Costs in English law, Retail, Debt, Direct marketing, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    What do bankruptcy filings tell us about the economy?
    2011-04-14

    The latest numbers on bankruptcy filings in 2010 have been released, and 1.53 million Americans filed for bankruptcy protection last year, an increase of 9% over 2009’s figures. This number is the highest number of bankruptcy filings since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became law in 2005. In that year, 2 million Americans filed bankruptcy in order to file before BAPCPA’s restrictions on bankruptcy filings took effect.  

    Filed under:
    USA, Insolvency & Restructuring, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Retail, Consumer protection, Economy, Liquidation
    Authors:
    Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Bankruptcy court’s solution to revive a plan based on failed substantive consolidation
    2011-05-23

    In general, substantive consolidation allows for the assets and liabilities of affiliated debtor entities to be consolidated and disbursed as if the assets were held and the liabilities were owed by a single legal entity. Unlike joint administration, which promotes procedural convenience and efficiency without affecting the substantive rights of creditors, substantive consolidation can force creditors of a solvent debtor to share in the debtors’ aggregate asset pool in parity with creditors of less solvent debtors.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Legal personality, Retail, Debtor, Unsecured debt, Brand, Accounting, Debt, Liability (financial accounting), Liquidation, Good faith, Consolidation (business), Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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